1.1 “We”, “us” , “our” and “ mean Commercial Bureau Mediation Services Ltd (C.B.A.M.S. Ltd) T/A “ManageYourDebtors.ie” and “National Debtors Bureau” and “Commercial Mediation Services
“You” and “your” mean the Client.
“Service” and “Services” include all services requested by you from time to time.
2. APPOINTMENT OF C.B.A.M.S. Ltd
2.1 You appoint us to act as your agent to provide the Services in accordance with these terms and conditions, and we accept the appointment.
3. OUR OBLIGATIONS
3.1 We will provide the Services requested promptly and report to you on progress as requested by you.
3.2 We will not compromise, secure, or settle any debt for less than the outstanding balance without your authority unless in the circumstances it is not reasonably practicable to obtain your authority.
3.3 If money we collect on your behalf is not passed directly to you, we will hold it in our client account, and we will account to you on a monthly basis. We may deduct any money you owe to us prior to forwarding any funds to you. You acknowledge that our cheque to you may be based on uncleared funds and you agree that if any such funds are dishonoured, you will immediately refund the amount of our cheque to us upon request.
4. YOUR OBLIGATIONS
4.1 You will give us clear written instruction in respect of each Service requested.
4.2 When you issue any instruction for the performance of a Service, you will also provide us with all relevant information, materials and documentation you have in your possession concerning that instruction.
4.3 You will inform us immediately if you become aware of any change to any information you have provided to us.
4.4 You will immediate notify us of any payment paid direct to you or any other reduction of a debt.
4.5 No arrangement will be made between you or the debtor without first notifying us to ascertain any existing arrangement or special circumstances relating to the debtor.
5. PAYMENT OF OUR COMMISSION, FEES AND DISBURSEMENTS
5.1 You will pay our commission, disbursements, fees and other charges at our rates as set and/or agree from time to time, and will in addition pay to us VAT (currently at a rate of 23%) in respect of all goods and services provided by us.
5.2 Commission is payable on any payment by or on behalf of a debtor (either to us or direct to you), or on any credit raised, goods returned or contra issued by you or in settlement or reduction of a debt. (Excludes Demand Letters Only Service)
5.3 If Client places debts for recovery
Client agrees to assign the accounts to us for a period of not less than six months.
The Client agrees to pay commission as outlined in the order on all accounts placed for recovery from the date of placement for a period not less than six months.
The Accounts placed for recovery by customer cannot be de-listed or closed without payment of a service fee within the 6 months since placement.
Service fee payable by customer for premature closure will not exceed 10% of the balance submitted for collection.
6. INDEMNITIES AND EXCLUSION OF LIABILITY/ACCURACY OF INFORMATION
6.1 We will not be liable to you for any liability, loss, damage, cost or claim arising from or in connection with any Service provided by us to you. You agree to indemnify us against any actions, liabilities, charges, demands, expenses, losses, damage claims or costs incurred by us as a result of acting upon any instruction from you or arising from any information or lack of information supplied by you, or your breach of any of these terms and conditions.
6.2 We take no responsibility for the correctness or accuracy of any information we supply to you and we shall not be liable to you for any liability, loss, damage, cost or claim arising from reliance on or use made of that information, however caused.